Central Information Commission
CIC/OP/C/2009/000006AD
Dated June 8, 2010
Name of the Applicant : Shri Sanjay Kumar Singh
Name of the Public Authority : East Central Railway, Hajipur
Adjunct to CIC Order No.CIC/OK/A/2008/00502 dt.24.10.08
Background
1. The Applicant filed a complaint dt.26.2.09 before CIC regarding noncompliance of decision . In his
complaint, he stated that the case was heard by CIC on 22.10.08 and that the Commission had
decided as follows:
i) Regarding Seniority List for the post of Publicity Inspector, Complainant wanted the revised
seniority on the basis of his representations submitted to the Department. Hon’ble CIC directed the
department to examine the issue and give a reply accordingly.
ii) The Complainant had asked for marks obtained by different candidates in the written
examination for the same post held on 16.12.04 and 20.2.06. The CIC directed the department to
provide such information by 14.11.08.
iii) The Complainant had asked for specific rule according to which his case has been
considered. Hon’ble CIC directed the department to provide such information by 14.11.08.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for June 8,
2010.
3. Shri Rajesh Kumar, PIO and Shri J.S.P.Singh, Appellate Authority represented the Public Authority.
4. The Applicant was heard through audio conferencing.
Decision
5. The Respondent submitted that the revised seniority list, as directed by the Commission was
provided to the Complainant. With regard to the difference in marks provided to another candidate
and to the Complainant for the same examination, the Respondent submitted that there was no
discrepancy and that the difference in marks can be explained. He stated that the difference was due
to two reasons i) the Complainant had asked for marks in the written examination whereas the other
candidate had asked for aggregate marks (the aggregate marks is the total of marks given
separately for the written exam, viva voce and service record and ii) written exam when conducted,
is initially for 100 marks but it is reduced by 50% in order to give weightage of 30% to viva voce and
20% to service record thereby making the total 100. With regard to the complaint that two different
rules had been furnished by the PIO against the same point in two different responses, the
Respondent submitted that the first time relevant extract from the IREM was provided. Later the
Railway Board Circular No.RBE272/1999 indicating that the names of all candidates who acquired
60% qualification marks will be placed on the panel according to the original seniority of the feeder
grade and not on the basis of merit list, was furnished to the Complainant. According to the
Respondent both rules were relevant to the information being sought. With regard to the delay in
supply of information, the Respondent submitted that after the case was heard on 22.10.08 at the
Commission they had not receive the Order from the Commission through the normal channel and
therefore the Order had to be collected personally on 19.11.08 and the information was provided to
the Complainant on 17.12.08. The Respondent explained that in the Commission’s order the PIO
was given 3 weeks to furnish the decision but they had taken 4 weeks to provide the same, the
additional one week delay caused due to travel of the PIO back to Hazipur from Delhi before
furnishing the reply. The Complainant was also satisfied with the clarification provided by the PIO.
6. The Commission after hearing both sides holds that the decision of the Commission had been
complied with and that there was no significant delay in furnishing the information to the Complainant.
7. The case is therefore closed at the Commission’s end.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Sanjay Kumar Singh
H.No.24, LIC Colony
PO – Chitragupta Nagar
PS – Patrakar Nagar
Kankerbagh
Patna 800 020
2. The PIO
East Central Railway
O/o General Manager
Hajipur 844 101
Bihar
3. The Appellate Authority
East Central Railway
O/o General Manager
Hajipur 844 101
Bihar
4. Officer incharge, NIC
5. Press E Group, CIC